As to Judge of Court, also Judge of the Admiralty Court, see 20 and 21 Vict., c. 77, s. 10.

As to a building for Court of Probate, see 22 and 23 Vict., c. 16; 25 and 26 Vict., c. 74.

As to grant of administration through registrar of County Court, where estate does not exceed £100, see 36 and 37 Vict., c. 52.

NOTE 11.-The Court for Divorce and Matrimonial Causes.(§ 3, p. 2.)

This Court was a tribunal established in January, 1858, by 20 and 21 Vict., c. 85, amended by the acts which will be found stated below. Its jurisdiction will be found in the note, "The Jurisdiction of the Court of Divorce and Matrimonial Causes.."

The principal statutes in connection with this Court are as follows:

As to constitution and jurisdiction and sittings of Court and Judges, Officers, &c., of Court, see 20 and 21 Vict., c. 85; 22 and 23 Vict., c. 61; 23 and 24 Vict., c. 144.

As to pension of Judge of Court, see 34 and 35 Vict., c. 91, s. 1.

As to transfer to court of jurisdiction of all Ecclesiastical Courts or persons in matters matrimonial, see 20 and 21 Vict., c. 85.

As to powers of court and appeal from judge ordinary of court, see 20 and 21 Vict., c. 85; 23 and 24 Vict., c. 144.

As to powers of Court and appeal from judge sitting in chambers, see 21 and 22 Vict., c. 108.

As to practitioners before Court, see 20 and 21 Vict., c. 85; 21 and 22 Vict., c. 108.

As to proceedings in Court for judicial separation and effect thereof, see 20 and 21 Vict., c. 85; 21 and 22 Vict., c. 108.

As to proceedings in Court for judicial restitution of conjugal rights, see 20 and 21 Vict., c. 85; 21 and 22 Vict., c. 108.

As to proceedings in Court for judicial and effect of dissolution of marriage and damages from adulterer, and intervention of Queen's Proctor and others, see 20 and 21 Vict., c. 85; 21 and 22 Vict., c. 108; 23 and 24 Vict., c. 144; 29 and 30 Vict., c. 32.

As to practice and proceedings in Court, see 20 and 21 Vict., c. 85; 21 and 22 Vict., c. 108: 23 and 24 Vict., c. 144.

As to taking oaths and affidavits for Court, in and out of England, and Commissioners therefor, see 20 and 21 Vict., c. 85; 21 and 22 Vict., c. 108.

As to regulations as to alimony, see 20 and 21 Vict., c. 85; 29 and 30 Vict., c. 32.

As to orders by Court as to custody, maintenance, &c., of children of marriage, see 20 and 21 Vict., c. 85, s. 35; 22 and 23 Vict., c. 61.

As to orders by Court as to settlement of property, see 20 and 21 Vict., c. 85, &.45; 22 and 23 Viet., c. 61; 23 and 24 Vict., c. 144.

As to evidence in Court and attendance, &c., and examination of witnesses, see 20 and 21 Vict., c. 85.

As to competency of husband or wife to give evidence in Court, see 20 and 21 Vict., c. 85, s. 43; 22 and 23 Vict., c. 61; 32 and 33 Vict., c. 68.

As to fees in Court payable by stamps, see 20 and 21 Vict., c. 85, ss. 51, 60, 61. As to powers of Registrars of Court in Chambers, see 21 and 22 Vict., c. 1 5. As to appeal from Court to House of Lords, see 31 and 32 Vict., c. 77

As to taxation of costs in Court, see 21 and 22 Vict., c. 108.

As to obtaining declaration of legitimacy or of a marriage being valid, er being a British subject, from Court with appeal to House of Lords, 22 Vict., c. 93; 22 and 23 Vict., c. 61.

As to marriage of divorced persons, see 20 and 21 Vict., c. 85, s. 57, c. C and 32 Vict., c. 77.

As to clergymen not bound to solemnize marriage of guilty party to divorce, see 20 and 21 Vict., c. 85, s. 57.

As to proceedings for and effect of nullity of marriage, and intervention of Queen's Proctor and others, see 36 and 37 Vict., c. 31.

As to when husband and wife of parties competent to be witness in any proceeding in consequence of adultery, see 32 and 33 Vict., c. 68, s. 3.

NOTE 12.-The London Court of Bankruptcy.~(§ 3, p. 2.)

The principal Statutes in connection with this Court are as follows:As to London and Country Courts, comptroller in bankruptcy, registrars and inferior officers, solicitors practising before Court, appeal from and execution of process and decrees of Court in England, Scotland, or Ireland, and general rules of Court, see 32 and 33 Vict., c. 71.

As to transfer of funds of Court to Commissioners for Reduction of National Debt, and payment of salaries and pension of officers of old Court, see 32 and 33 Vict., c. 91.

As to salaries of Judge charged on Consolidated Fund, and of officers on votes, see 32 and 33 Vict., c. 71; 32 and 33 Vict., c. 91.

As to pension to officers of superior Courts or in Bankruptcy or Lunacy, see 29 and 30 Vict., c. 68; 32 and 33 Vict., c. 91.

As to appointment of officers of Court, see 32 and 33 Vict., c. 71; 32 and 33 Vict., c. 91.

As to winding up of insolvency business in London and County Courts, see 32 and 33 Vict., c. 83.

As to fees and stamps in Court, and annual account of receipts and expenditure, see 32 and 33 Vict., c. 71; 32 and 33 Vict., c. 91.

As to power of Court to order prosecution of Bankrupt, see 32 and 33 Vict., c 62, s. 16, &c.

As to Courts in Scotland and Ireland, and Colonies auxiliary to each other, see 32 and 33 Vict., c 71, s. 74.

As to arrest of debtor about to abscond, &c., pending proceedings in Bankruptcy, see 32 and 33 Vict., c. 71 s. 86; 33 and 34 Vict., c. 76.

As to jurisdiction of Chancery Judge in Chambers, District Courts of Bankruptcy, and County Court, as to Charities, see 16 and 17 Vict., c. 137; 23 and 24 Vict., c. 136.

As to decree and order of Bankruptcy Court to operate as judgment, see 32 and 33 Vict., c. 71.

As to limitations of time for impeachment of sale by bankrupt, see 2 and 3 Vict., c. 11, s. 13.

NOTE 13.-The Judges.-(§ 5, p. 2.)

The word judge is derived from the Latin judex, through the French juge. The Roman judex answered nearly to a judge sitting at Nisi Prius; judices resembling our special jurymen.

The principal statutes relating to the judges are as follows:

As to the commencement, accruer, and payment of salaries of judges, see 35 and 36 Vict., c. 51.

As to duties of the judges of the Superior Courts, see 20 Edw. III., c. 1.

As to holding office during good behaviour, but removable on address from Parliament, see 12 and 13 Will. III., c. 2; 1 Geo, III., c. 23.

As to salaries, fees, and pensions of judges of Common Law Courts, see 1 Geo. III., c. 23; 39 Geo. III., c. 110, s. 7; 53 Geo. III., c. 153 6 Geo. IV. c. 82: 6 Geo. IV., c. 83; 6 Geo. IV., c. 84; 11 Geo. IV., and 1 Will. IV., c. 70: 2 and 3 Will. IV., c. 116; 14 and 15 Vict., c. 41; 35 and 36 Vict., c. 51.

As to appointment of judges as members of Judicial Committee of Privy Council, see 34 and 35 Vict., c. 91.

As to powers of judges to make rules and alter forms of proceedings, see 11 Geo. IV., and 1 Will. IV., c. 70; 1 and 2 Will. IV., c. 58; 2 and 3 Will. IV., c. 39 3 and 4 Will. IV., c. 42; 15 and 16 Vict., c. 76, s. 223; 17 and 18 Vict., c. 125, s. 97; 19 and 20 Vict., c. 97; 23 and 24 Vict., c. 126.

As to powers of judges to make rules as to Irish and Scotch judgments, and security for costs, see 31 and 32 Vict., c. 54.

As to powers of judges to make rules as to arrest of defendant in action, see 32 and 33 Vict., c. 62.

As to powers of judges to make rules for carrying out Juries Act, see 33 and 34 Vict., c. 77, s. 24.

As to power of existing judges to make rules for regulation of sittings of, circuits, procedure, &c., in Supreme Court of Judicature, see 36 and 37 Vict. c. 56, s. 68.

As to making of ordinances by Guild or Corporation against common profit of people, and approval of Corporation by Chancellor and Judges, see 19 Hen. VII., c. 7.

As to effect of demise of the Crown on Judges, see 1 Geo. III., c. 23.

As to trial by judges at Nisi Prius, see 13 Edwd. I., c. 30; 27 Edwd. I., c 4; 12 Edwd. II., c. 3; 2 Edwd. III., c. 16; 14 Edwd. III., stat I.. c. 16; 42 Édwd. III., c. 11; 18 Eliz., c. 12; 12 Geo. I., c. 31; 1 Geo. IV., c. 21; 15 and 16 Vict., c. 76; 17 and 18 Vict., c. 125; 33 and 34 Vict., c. 6, s. 6.

As to attendance at Quarter Sessions of the Judges when Justices of the Peace, see 12 Ric. II., c. 10.

As to form of oath by judges, see 31 and 32 Vict., c. 72; 34 and 35 Vict., c. 48, s. 2.

As to places in Parliament of certain judges, see 31 Hen. VIII. c. 10.

As to constitution of Supreme Court of Judicature and transfer to such Court of Judges and jurisdiction of Existing Courts (on 2nd November, 1874), see 36 and 37 Vict., c. 66; see also notes, "The Lord Chancellor :" "The Master of the Rolls;" "The High Court of Chancery of England;" "The Court of Queen s Bench" "The Court of Common Pleas;" "The Court of Exchequer;" "The High Court of Admiralty;" "The Court of Probate," "The Court for Divorce and Matrimonial Causes;" "The London Court of Bankruptcy."

NOTE 14.-The Lord Chancellor.-(§ 5, p. 2.)

The word chancellor (Latin cancellarius) is derived either (1) from the act of cancelling the King s letters patent when granted contrary to law, or (II) from the little bars (caneclli) for fencing off the multitude from the recess or chancel, in which sat the door-keeper or usher of the Court of Justice.— [Cam. Ch. 1.]

The office has existed in England from the most remote antiquity. The almost fabulous British King Arthur is said to have appointed a Chancellor.-[Mirror of Justices].

The original duty of the Chancellor was to frame writs for the King-appealed to in early times for justice, grants of dignities, of offices, and of lands made by the King. These grants were verified by the Great Seal, the custody of which was given to the Chancellor. The Chancellor was at first his Confessor, and hence became the "keeper of the King's conscience."

In addition to the Common Law and Equitable Jurisdiction obtained by ambitious Chancellors, he can grant a writ of Habeas Corpus either in term or in vacation (Crawley's case 2 Swanst. 6), and writs of prohibitions (per Lord Redesdale 2 sch. and Lef. 136; see 4 Inst 81; 2 P. Wms. 202), and writ of ne exeat regno (De Carriere v. Calonne 4 Ves 577. See Beames writ ne exeat regno and Beames Chancery orders, p. 39), and writ de coronatore eligendo (F. N. B. 163. 1 Black 347.) He also décides in the Court of Chancery questions arising as to the validity of the election (re Coroner Co. Stafford 2 Russ. 475), and he may remove him for sufficient reasons from his office (ex parte Parnell 1 Jac. and W. 451; ex parte Pasley 3 Drur. and War. 34.)

He is ex officio Prolocutor or Speaker of the House of Lords whether he be a peer or not. Without any commission or express authority for the purpose he always presides there when present. This privilege is said to belong to him by prescription, and he has enjoved it many centuries, although in the reigns of Richard I, John, and Henry III (within time of legal memory), it was exercised by the Chief Justiciary. The Crown may, by commission, name others to preside in the House of Lords in the absence of the Chancellor; and no Speaker appointed by the Crown being present, the Lords, of their own authority, may choose one of themselves to Act as Speaker-which they have often done of late years in hearing appeals, but all these Speakers are immediately superseded when the Chancellor enters the House. (Camp. L. C. 1. 16). Lord Chief Baron Gilbert suggests that the Chancellor sits on the Woolsack as Steward of the King's Court Baron, and draws an ingenious but fanciful parallel between the Court Baron of a Manor and the House of Lords (Gilb Ev. 42). By an old standing order of the House of Lords his constant attendance there is required. By 25 Edwd. III., c. 2, to stay him in the execution of his office is high treason. If a commoner he cannot speak or vote. From early times he was

usually employed to address the two Houses on the meeting of the new Parlia ment in the presence of the King. On the trial of a peer for treason or felony, the Lord High Steward presides, but he has generally been nominated to that office.

Since the institution of Justices of the Peace in the reign of Edwd. III., he has had the power of appointing and removing them (1 Edwd. III., stat. 2, c. 16; 28 Hen. VI., c. II.) He, however, generally takes the advice of the Lord Lieutenant or custos rotu lorum in each county, but when any extraordinary case arises, it is his duty and his practise to act upon his own judgment.

See also notes, "Position of Lord Chancellor ;" "Precedence ;""Salary of the Lord Chancellor;" "The Oaths to be taken by the Lord Chancellor."

The principal statutes referring to the Lord Chancellor are as follows:-
As to his pension, see 2 and 3 Will. IV., c. 111; 32 and 33 Vict., c. 91.

As to his purse bearer and secretary of presentations, see 3 and 4 Will. IV., c. 84; 32 and 33 Vict., c. 91.

As to salaries and fees of his secretaries and officers, see 15 and 16 Vict., c. 87; 32 and 33 Vict., c. 91.

As to salary and payment of his fees to suitors' funds, see 14 and 15 Vict., c. 83 ; 15 and 16 Vict., c. 87; 32 and 33 Vict., c. 91.

As to delivery by Lord Chancellor of judgment after resignation, see 15 and 16 Vict., c. 80.

As to sale of Advowson in gift of Lord Chancellor and augmentation out of proceeds, see 26 and 27 Vict., c. 120.

As to appointment by Lord Chancellor of Commissioners to enquire into gifts to Charities, see 43 Eliz., c. 4.

As to ordinances by Corporation, making of, against common profit of people, &c., and approval of by Lord Chancellor, see 19 Hen. VII., c. 7.

As to the place in Parliament of the Lord Chancellor, see 31 Hen. VIII., c. 10.

As to nomination of Sheriffs by Lord Chancellor and others on the morrow of St. Martin, 9 Edwd. II., stat. 2; 14 Edward III., stat. 1, c. 7; 21 Hen. VIII., c. 20; 24 Geo. II., c. 48, s. 12.

See also notes on "Judges," "The High Court of Chancery of England," "Great Seal of the United Kingdom," "Lunatics," Sheriff.'

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NOTE 15.—The Lord Chief Justice of England (§ 5, p. 2.) The office of Chief Justice, or Chief Justiciar, was introduced into England by William the Conqueror, from Normandy, where it had long existed. Of the two names, "Justice" and "Justiciar," we have this account by Spelman: "Justitia al. Justitiarius. Prior vox in juris nostri formulis, solum-modo videtur usitata, usque ad ætatem Henrici 3. alterâ jam se efferente, hæc paulatim disparuit sed inde hodie in vernaculo et juris annalibus GallicoNormanicis 'a' vel un Justice' dicimus, non 'Justicer."" In Scotland, where this office was introduced, along with almost every other which existed in England under the Norman King, the word Justitiarius prevailed, and hence we now have the "Court of Justiciary." (See Campbell's "Lives of the Chancellors, vol. 1. p. 5.) The functions of such an officer would have ill accorded with the notions of our Anglo-Saxon ancestors, who had a great antipathy to centralisation, and prided themselves upon enjoying the rights and the advantages of self-government. The shires being parcelled into hundreds, and other sub-divisions, each of these had a court, in which suits, both civil and criminal, might be commenced. A more extensive jurisdiction was exercised by the County Court, a tribunal of high dignity, over which the Bishop, and the Earl, or Alderman, presided jointly. Cases of importance and difficulty were occasionally brought by appeal before the Witenagemote, and here they were disposed of by the voice of the majority of those who constituted this assembly. We do find, in the Anglo-Saxon records, a notice of "Totius Angliæ Aldermannus," but such a creation seems to have taken place only on rare emergencies, aud we have no certain account of the duties intrusted to the person so designated. (Dugd. Or. Jur. ch. VII., Mad. Ex. ch. 1, Spel. Gloss. "Justitia," Lord Coke's 2nd Inst., ch. VII.) In Normandy the interference of the supreme government was much more active than in England, and there existed an officer called Chief Justiciar, who superintended the

administration of justice over the whole dukedom, and on whom, according to the manners of the age, both military and civil powers of great magnitude were conferred. It is curious to observe that, notwithstanding the sweeping change of laws and institution introduced at the conquest the characteristic difference between Frenchmen and Englishmen, in the management of local affairs, still exists after the lapse of so many centuries; and that while with us parish vestries, town councils, and county sessions, are the organs of the petty confederated republics into which England is parcelled out,-in France, whether the form of government be nominally monarchical or republican, no one can alter the direction of a road, build a bridge, or open a mine, without the authority of the "Ministre des Ponts et Chaussees." In Ireland, there being much more Celtic than Anglo-Saxon blood, no self reliance is felt, and a disposition prevails to throw everything upon the government..

Before William had entirely completed his subjugations of England, eager to introduce into it the laws and institutions of his own country, so favourable to princely prerogative,-while he separated the civil and ecclesiastical jurisdiction, and confined the Connty Court (from which the Bishop was banished) to the cognizance of petty suits,-preparatory to the establishment of the feudal system in its utmost rigour, he constituted the office of Chief Justiciar. His plan was to have a grand central tribunal for the whole realm, which should not only be a Court of Appeal, but in which all causes of importance should originate and be finally decided. This wa afterwards called Curia Regis, and sometimes Aula Regis, because it assembled in the hall of the King's palace. The great officers of state, the Constable, the Mareschal, the Seneschal, the Chamberlain, and the Treasurer, were the judges, and over them presided the grand Justiciar. "Next to the King himself, he was chief in power and authority, and when the King was beyond seas (which frequently happened), he governed the realm like a viceroy." (Madd. Exch. XI., where it is said, "he was wont to be styled Justicia Regis, Justiciarius Regis, and absolutely Justicia or Justiciarius; afterwards he was sometimes styled Justiciarius Regis Angliæ, probably to distinguish him from the King's Justiciar of Ireland, Normandy," &c.) He was at all times the guardian of the public peace as Coroner-General (the Chief Justice of the King's Bench is still Chief Coroner of England), and he likewise had a control over the finances of the kingdom. (It is supposed to be a remnant of this power, that, upon the sudden death or resignation of the Chancellor of the Exchequer, the Chief Justice of the King's Bench did the formal duties of the office till a successor is appointed). In rank he had precedence of all the nobility, and his power was greater than that of all other magistrates. ("Dignitate omnes regni proceres, potestate omnes superabat magistratus."-Spel. Gloss, p. 331.)

The administration of justice continued nearly on the same footing for eight reigns, extending over rather more than two centuries. Although, during the whole of this period, the Aula Regis was preserved, yet, for convenience, causes according to their different natures, were gradually assigned to different committees of it, to which may be traced the Court of King's Bench, the Court of Common Pleas, the Court of Exchequer, and the Court of Chancery. A distinct tribunal for civil actions was rendered necessary, and was fixed at Westminster by the enactment of Magna Charta-"Communia placita non sequantur curiam nostram, sed teneantur in aliquo certo loco;" but the suitors in other causes were long after obliged to resort alternately to York, Winchester, Gloucester, and other towns in which the King sojourned at different seasons of the year. At last a great legislator modelled our judicial iustitutions almost exactly in the fashion in which, after a lapse of six centuries, they presented themselves at the establishment of the Supreme Court of Judicature, showing a fixity unexampled in the history of any other nation. The Chief Justiciar was then considerably lowered in rank and power, but the identity of the office is to be distinctly traced. [Camp. Lives of the Chief Justices, vol. 1, pp. 1-3.]

NOTE 16.-The Master of the Rolls.—(§ 5, p. 2.)

The judicial duties of the Court of Equity had been long in some measure shared by an officer of high rank, called the Master of the Rolls, originally appointed only for the superintendence of the writs and records appertaining to its common law department (4 Inst. 82), but accustomed also to sit on the